When it comes time for a divorce, the process can come with its fair share of challenges. From legal requirements and property division to child custody and spousal support, getting a divorce in California can be tricky without the help of a knowledgeable attorney. Is getting a divorce difficult in California? Here is everything you need to know.
Legal Requirements
In the state of California, there are few legal prerequisites to the divorce process. If you want to file for a divorce, at least one spouse must meet the six-month residency requirement.
The divorce papers will also need to be filed in the county where the spouse resides. While the Golden State is considered a no-fault divorce state, some couples can pursue a fault-based divorce.
Property Division
State law is guided under the community property system. As a result, all assets and debts acquired during the marriage are considered community property, subjecting them to equal division upon divorce. With the commingling of assets to valuing property, these factors can make the divorce process a little more complicated.
Child Custody and Support
Regarding the children, these issues can lead to many disagreements between the divorcing parents. Custody and support are the most emotionally charged parts of the process.
California courts will always consider the child’s best interest for custody arrangement. To help in the process, many parents will create plans to help address some physical and legal custody issues.
Along with that, child support will need to be calculated based on the child’s needs and the parent’s income. As you may imagine, these are contentious matters that could make the process more difficult for both parties in a divorce.
Spousal Support (Alimony)
Spousal support, or alimony, can add another layer of issues to the divorce process. Factors like the length of the marriage, earning capacity, and standard of living during the marriage are all taken into account for the decision. The nature of these negotiations can also complicate the divorce proceedings.
High-Asset Divorces Complications
Dividing assets is an already stressful time. However, when these assets are considered high-value, it can cause even more problems. Businesses, stock options, and real estate valuation and division can be daunting.
Also, there could be questions about hidden assets and financial transparency, making it essential to employ forensic accountants to ensure that all assets are accounted for and fairly divided. What may have seemed like an easy division could turn into a lengthy courtroom battle.
Potential Challenges
Sometimes, the court schedule can be busy, leading to delays in the process. Child custody, property division, and other disputes will extend the timeline and add another layer of complexity to the proceedings.
Since no two cases are the same, it can be challenging to determine whether your divorce will be a smooth or difficult process.
Let Us Assist With Your California Divorce
Is getting a divorce difficult in California? This process does have many steps to end a marriage. Each step requires careful consideration, from understanding residency requirements to dealing with property division and child custody.
If you need the assistance of an experienced family law attorney, contact the Roberts & Zatlin Family Law Firm. For over 35 years, we have provided clients with exceptional family law services throughout California.
Our office in Temecula extends its services to Menifee, Hemet, Sun City, Lake Elsinore, Winchester, Wildomar, Riverside, San Bernardino, Orange County, Vista, San Diego, Inland Valley, and all other parts of the state. To schedule a consultation today and receive a free initial assessment of your case, please call (951) 381-8147 today.